ANNUAL REPORT

231
tional annexes to the 2014 Notification of Major Military Activities
Memorandum of Understanding, including ‘‘a mechanism for informing
the other party of ballistic missile launches.’’ 329 The dialogue
was overshadowed, however, by China’s assertive behavior in
the South China Sea and economic disputes,* 330 reflected in President
Xi’s statement that ‘‘some differences can be solved through
hard work . . . [but] some differences cannot be solved at the moment.’’
331 Moreover, DOD officials reported an ‘‘unsafe’’ intercept
in which Chinese J–11 aircraft came within 50 feet of a U.S. EP–
3 reconnaissance aircraft that was conducting a routine mission in
international airspace over the South China Sea in May 2016,†
showing that concerns regarding dangerous actions persist despite
statements by Administration officials that China’s behavior is becoming
safer and more professional. 332
2016 Nuclear Security Summit
Following the fourth biannual Nuclear Security Summit, hosted
in Washington in March 2016, Washington and Beijing released a
Joint Statement on Nuclear Security Cooperation declaring their
‘‘commitment to working together to foster a peaceful and stable
international environment by reducing the threat of nuclear terrorism
and striving for a more inclusive, coordinated, sustainable
and robust global nuclear security architecture for the common
benefit and security of all.’’ The statement specifically noted the
outcomes of the first annual U.S.-China bilateral talks on this
topic, held in Stockholm in February 2016 and intended to ‘‘intensify
[U.S.-China] cooperation to prevent nuclear terrorism and continue
advancing Nuclear Security Summit goals,’’ as means to this
end. 333 Specific outcomes have included the opening of the Nuclear
Security Center of Excellence in Beijing, a joint U.S.-Chinese venue
intended to provide nuclear security training, a forum for bilateral
and regional best practices exchanges, and a location for demonstrating
advanced nuclear security technologies. 334 Another point
of action has been ongoing U.S. assistance in converting Chineseorigin
Miniature Neutron Source Reactors—both in China and
dkrause on DSKHT7XVN1PROD with USCC
fidence Building Measures Mechanism, November 4, 2014; and Jeremy Page, ‘‘China Won’t Necessarily
Observe New Conduct Code for Navies,’’ Wall Street Journal, April 23, 2014.
* For a detailed discussion on outcomes of the economic track, see Chapter 1, Section 1, ‘‘Year
in Review: Economics and Trade.’’
† The 2015 air-to-air annex to the U.S.-China MOU on Rules of Safety of Air and Maritime
Encounters calls for ‘‘safe separation’’ during such intercepts but does not define this term specifically,
instead requiring both militaries to refer to their own national rules and relevant international
guidance, among other factors. It also notes that what qualifies as safe separation can
vary depending on circumstances. The annex specifically refers to the Chicago Convention on
International Civil Aviation (initiated in 1944), which calls for intercepts to not endanger the
lives of persons on board or the safety of aircraft, but also does not define what specifically constitutes
a ‘‘safe’’ as opposed to ‘‘unsafe’’ intercept, leaving it to signatory countries to write national
laws that comply with the Convention. U.S. Federal Aviation Administration regulations,
which provide much greater detail and are followed by U.S. military aircraft, set the threshold
for safe separation at 500 feet. U.S. Department of Defense and China’s Ministry of National
Defense, Supplement to the Memorandum of Understanding on the Rules of Behavior for Safety
of Air and Maritime Encounters between the Department of Defense of the United States of America
and the Ministry of Defense of the People’s Republic of China, September 18, 2015; International
Civil Aviation Organization, Convention on International Civil Aviation Part 1, Chapter
1, Article 3 bis, 2006, 3; and U.S. Federal Aviation Administration, Aeronautical Information
Manual Chapter 5, Section 6: National Security and Interception Procedures, February 11, 2010.
VerDate Sep 11 2014 12:16 Nov 02, 2016 Jkt 020587 PO 00000 Frm 00141 Fmt 6601 Sfmt 6601 G:\GSDD\USCC\2016\FINAL\06_C1_C2_M.XXX 06_C1_C2_M